Delhi High Court - Orders
Major Prashant Kapur (Retd.) vs Google India Private Limited And Ors on 18 July, 2022
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 270/2018 & I.As. 7640/2018, 9101/2018, 9241/2018,
2092/2019, 7201-7202/2021
MAJOR PRASHANT KAPUR (RETD.) ..... Plaintiff
Through: Ms. Jyoti Taneja, Advocate (M:
9999500069)
versus
GOOGLE INDIA PRIVATE LIMITED AND
ORS ..... Defendants
Through: Mr. Rishi Raj, Advocate for
defendant no. 1.
(M): 9871139756
Ms. Mamta Jha with
Ms. Shruttima Ehersa,
Mr. Rohan Ahuja, Ms. Riya
Gupta and Mr. Vatsalya Vishal,
Advocates for defendant no. 8
(M): 9953803667
Email:[email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 18.07.2022 I.A. No. 9101/2018 (Application on behalf of defendant no. 1 Google India Pvt. Ltd. under Order 1 Rule 10 read with Section 151 CPC)
1. This is an application on behalf of defendant no. 1, Google India Pvt. Ltd. under Order 1 Rule 10 CPC for deletion of their name from the array of parties in the present suit.
2. As per the counsel for defendant no. 1, the defendant no. 1 does not provide any services in India in respect of Google Search Engine, Signature Not Verified Digitally Signed By:PREETI Signing Date:22.07.2022 16:44:08 which is provided by defendant no. 8 i.e. Google LLC (Google).
3. Notice to this application was issued on 20.08.2018 and the counsel for the plaintiff had stated that they do not wish to file any reply to the same and that they will argue the application itself. CS(OS) 270/2018
4. However, none appears today on behalf of the plaintiff.
5. A perusal of the order dated 20.08.2018 shows that counsel for the plaintiff had made a statement that there was a possibility of compromise between the plaintiff and defendant no. 1. Subsequently, again in orders dated 11.10.2019 as well as 31.10.2019 statement has been recorded on behalf of the plaintiff that the plaintiff was willing to settle the matter.
6. There is no appearance on behalf of the plaintiff when the matter has been called out. It is noticed that none had appeared on behalf of the plaintiff even on the last date of hearing i.e. 14.03.2022.
7. Considering the aforesaid, it seems that the plaintiff is not interested in pursuing the matter any further.
8. In view thereof, the present suit is dismissed in default.
9. Subsequently, Ms. Jyoti Taneja, Advocate (M: 9999500069) has put in appearance on behalf of the plaintiff. She submits that she was stuck in another court and was on her way to attend the present matter.
10. In view of the submission made on behalf of counsel for the plaintiff, the order of dismissal in default is recalled.
11. Counsel for the plaintiff is requested to inform the counsels for Signature Not Verified Digitally Signed By:PREETI Signing Date:22.07.2022 16:44:08 the defendants telephonically as well as through email.
12. List on 20.10.2022.
MINI PUSHKARNA, J JULY 18, 2022 c Signature Not Verified Digitally Signed By:PREETI Signing Date:22.07.2022 16:44:08